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Home My WebLink About04-3626FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No, 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLiNAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF APRIL I, 2002, AMONG ASSET BACKED FUNDING CORPORATION, LITTON LOAN SERVICING LP AND LASALLE BANK NATIONAL ASSOCIATION, ABFC ASSET-BACKED CERTIFICATES, SERIES 2002~SB 1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Plaintiff MICHAEL R. WHITEHEAD 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 JEAN WHITEHEAD 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendant(s) CIV/L ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 96344 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLA/NTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITH1N THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 96344 Plainfiffis LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF APRIL I, 2002, AMONG ASSET BACKED FUNDING CORPORATION, LITTON LOAN SERVICING LP AND LASALLE BANK NATIONAL ASSOCIATION, ABFC ASSET-BACKED CERTIFICATES, SERIES 2002-SB 1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL R. WHITEHEAD 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 JEAN WHITEHEAD 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. On 01/14/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLIANCE FUNDING, A DIVISION OF SUPERIOR FEDERALBANK, F.S.B. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1746, Page 1554. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/18/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 96344 The following amounts are due on the mortgage: Principal Balance Interest 02/18/2004 through 07/23/2004 (Per Diem $24.43) Attorney's Fees Cumulative Late Charges 01 / 14/2002 to 07/23/2004 Cost of Suit and Title Search Subtotal $95,136.56 3,835.51 1,250.00 210.76 $ 550.00 $100,982.83 Escrow Credit 0.00 Deficit 1,203.99 Subtotal $ 1~2_03.99 TOTAL $102,186.82 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,186.82, together with interest from 07/23/2004 at the rate of $24.43 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE..1.1~N_ AND PHEL..6N, L~.P ~/ By: ~mncis S. Hal~n~n' F~NK FEDE~AN, ESQUIRE LAW~NCE T. PHELAN, ESQUI~ F~NCIS S. HALL~AN, ESQUI~ A~omeys for Plaintiff File #: 96344 PROPERTY BEING: 247 RIDGE HILL ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaint/ffin this matter, that Plaintiffis outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiffand are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2004-03626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS WHITEHEAD MICHAEL R ET AL - REGULAR SHANNON K. SHERTZER , Cumberland County, Pennsylvania, says, the within NOTICE WHITEHEAD JEAN DEFENDANT , at 0021:07 HOURS, at 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 JEAN WHITEHEAD a true and attested copy of NOTICE COMPLIANT IN MORTGAGE FORECLOSURE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of August , 2004 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit ~.00 Surcharge le.00 .00 16.00 Sworn and Subscribed to before me this ~/~- day of ~ o~ A.D. So Answers: R. Thomas Kline 08/17/2004 FEDERMAN & PHELAN By: ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-03626 P COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS WHITEHEAD MICHAEL R ET AL SHANNON SHERTZER , Cumberland County,Pennsylvania, says, the within NOTICE WHITEHEAD MICHAEL R Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the DEFENDANT , at 0021:07 HOURS, on the 16th day of Auqust at 247 RIDGE HILL ROAD MECHA/~ICSBURG, PA 17050 by handing to JEAN WHITEHEAD (WIFE) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with law, , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 34.66 Sworn and Subscribed to before me this ,f/~ day of 7 c2~ A.D. othonotary ~ ' So Answers: 08/17/2004 FEDERMAN & PHELAN ~ By: ,~yS/~e FEDERMAN PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT , DATED AS OF APRIL 1, 2002, AMONG ASSET BACKED FUNDING CORPORATION, LITTON LOAN SERVICING LP AND LASALLE BANK NATIONAL ASSOCIATION, ABFC ASSET-BACKED CERTIFICATES, SERIES 2002-SB1 Plaintiff VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendant(s) Court of Common Pleas CUMBERLAND County No. 04-3626 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREIUDICE , AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff